Prabhash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22019 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -MAHILA P.S. District- BHAGALPUR ======================================================

1. Prabhash Choudhary Son of Digo Choudhary @ Ramanand, Resident of Village- Auoliawad, P.S.- Bihpur, District- Bhagalpur .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhananjaya Nath Tiwari, Adv. For the Opposite Party : Mr. Abhay Kumar - 1, APP 186 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-06-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 376, 201 and 506/34 of the Indian Penal Code and 4 of the Protection of Children from Sexual Offices Act. Allegation against the petitioner is of commission of sexual assault against the daughter of the informant. The victim has supported the allegation and the medical report is consistent with the prosecution allegation.

Submission of the learned counsel for the petitioner is that petitioner had lodged Sanha No. 1071 of 2016 against the informant of this case and others vide Annexure 2, which would reveal that there is property dispute and for that grudge just to pressurize the present false case has been lodge. Only on the basis of Sanha, the statement of the victim can not be disbelieved at this stage.

Hence, I am not inclined to enlarge the petitioner on bail.

The prayer for bail is refused.

The learned trial Court is directed to expedite the trial.

(Birendra Kumar, J) SA/- U √ T √